HomeMy WebLinkAboutCity Council Resolution 33-1 RESOLUTION ESTABLISHING FORM AND TERMS OF
SUSDiVlSlON IMPROVEMENT A6REEMENTS AND
The City Council of the City of Saratoga hereby resolves
as follows:
Attached nereto respectively as Exhibits "A" and "B" are
forms of a Subdivision Improvement Agreement and Faithful Performance
and Ccn~letion Bond.
Said documents are hereby adopted by the City of Saratoga as
the standard forms containing standard terms to be used An connection
with the approval of all final subdivision maps and the acceptance
or rejection of streets and easements thereon shown and offered for
dedication.
Insofar as said improvement agreement may require more than
~s required under the provisions of the Subdivision Act of the State
of California, the consideration for the same shall, in addition to
other considerations, include the agreement of the City to accept all
rejected offers of dedication at a future date.
The above and foregoing resolution was duly and regularly
introduced and passed by the City Council of the City of Saratoga on
the 4th day of October, 1961, by the following vote:
AYES I Brazil, Glennon, Drake, Langwil l, Haftman
NOES: None
ABSENT: None
AGREEMENT, made and entered into this day of , _ ,
196 ......., by and between the CITY OF SARATOGA, a Municipal corporation of
the State of California, hereinafter called "City", and
I , ...... Subdivider and Owner,
nereinafter collectively called Subdivider:
WBEREAS, Subdivider is engaged in subdividing that certain tract
of land known and designated as
situated in the City of Saratoga, County of Santa Clara, State of Cali-
fornia~ and
WHEREAS, a final map of Tract ..................... has been filed with the
City Clerk of the City of Saratoga for presentation to the Council for
its approval, which map is hereby referred to and by said reference in-
corporated hereinv and
WHEREAS, Owner and Subdivider has requested approval of said
final map prior to the c~npletion of improvements of all streets, high-
ways or public ways and sewer facilities which are a part of or appurte-
nant to the abovementioned subdivision, including, but without limiting
the foregoing, the necessary paving, catch basins, pipes, culverts, storm
drains, sanitary sewers, where required, street trees and street signs,
where required, and including a water system and fire hydrants acceptable
to the San Jose Water Works and the City of Saratoga, all in accordance
with and as required by the plans and specifications for all of said
improvements in or appurtenant to said subdivision, which plans and
specifications were prepared by ..........................................
Civil Engineer, approved by the City Engineer and now on file in the
offices of the Clerk of said City and/or the City Engineer's Office of
said City, and
WHEREAS, the City Council of said City did on the .... day
of .... _ -,_ : , 19 ...... , adopt a Resolution approving said Final
Map, rejecting certain dedications therein offered which rejection
did not and does not, however, revoke the offers of dedication
therein contain~a m~cl l'eqU~ring ag a condi~ion precedent to the future
acceptance of said offers of dedication that the Subdivider improve
the streets and easements thereon shown in accord with the standards
of Ordinance No. NS-5 as amended of the City of Saratoga and in accord
with the improvement plans ~nd specifications on file as hereinabove
referred to, and requiring as a condition precedent to the release of
said final map for recordation that the subdivider agree in writing
to so improve said streets and easements in accord with this agreement,
NOW, THEREFORE, in consideration of the above and in consider-
ation of the City accepting all of said dedications after the herein-
after agreed to covenants on the part of the Owner and Subdivider have
been complied with, it is hereby agreed as follows:
1. Subdivider shall construct all of the improvements and do
all of the work hereinabove and nereinafter mentioned, all in accordance
with and to the extent and as provided in the above mentioned plans
and specifications on file in the office of said city, for the construc-
tion of said improvements, in, for, or appurtenant to said subdivision,
and all in compliance with Ordinance NO. NS-5 as amended and the laws
of t~e State of California, and shall complete the same within one year
from date hereof and shall maintain the same for a period of at least
one year after the satisfactory completion of the same.
2. Subdivider shall, before the release of said final map by
City and as contilt.ion p~ecedent to recordation t~ereo~, furnish to the
City and file withl the City Clerk a good and sufficient bond or bonds
in form to be approved by the City Attorney, securing the faithful per-
formance by Subdivider of all work and the construction of all improve-
ments herein in this Agreement mentioned within time specified, and
securing the faithful ~erformance by Subdivider of the maintenance of
said improvements for a period of at least one year after completion
of the same, and for such additional period of time as may be necessary
in orC~r that Subdivider may cure and correct all deficiencies of con-
struction tO the satisfaction of the City Engineer of the City of
Saratoga, the amount of said bond to be in the sum of $~ . . ,
_2_~
and also a goo~ and sufficient bond in form tO be approved b~ the City
Attorney securing the pa~ent b~ subdivider of all bills for labor and
materials incurred in the construction of any end all of said improvements.
and the doing of all other work herein agreed to be done by the said Sub-
divider, the amount of said bond to be - .................. _ ....
.... --~--~ ....... --; , Dollars (~ ).
3, What Subdivider does hereby expressly agree to indemnify and
hold harmless the City and in their capacity as such, its councilmen,
officers, boards, Commissions and its employees, from any and all loss or
damage, and from any and all liability for any and all loss or damage,
and from any and all suits, actions, or clatns filed or brought by any
and all person or persons because of or resulting from the doing by Sub-
divider of any and all things required of Subdivider by this contract,
or because of or arising or resulting from the failure or omission by
Sulxlivtder to do any and all things necessary to and required by this
contract or by law, or arising or resulting from the negligent doing by
Subdivider, his agents, employees or subcontractors of any and all things
required to be done by this contract, Or arising or resulting from any
dangerOuS Or defective condition arising or resulting from any of the
above said acts or omissions of Subdivtderf his agents, subcontractorsf
or employees, Subdivider having heretofore certified, by the certificate
upon the abovementioned subdivision map, that he can convey clear title
to the land within said sulxiivlston, and City having relied upon said
certificate and the representation contained therein, the foregoing pro-
visions of this paragraph are specifically made to apply to any destruc-
tion or damage to or removal of utilities, water lines or pipe lines of
any kinds, and any other improvement, whether said destruction. damage
or removal is required or caused by the plans or specifications or by
direction of an officer, agent or enployee of the City.
4. That Subdivider shall, before the release of said final map
by City=~ and as a condition precedent to the recordation thereof, fur-
nish to the City and file with the City Clerk certificates or policies
of public liability and property damage insurance in form satisfactory
to the City Attorney, and Subdivider shall at all times during the
ent.ire term of this agreement maintain the same in full force and effect,
which policies shall insure the City of Saratoga, its Councilmen, offi-
cers, boards~ commissions and employees against loss or liability for
bodily injury and property damages arising or resulting from subdivider's
operations and activities in the construction of any and all improvements
mentioned in this agreement and the doing of any and all work mentioned
in this agreement, within or outside the abovementioned subdivision,
and/or arising or resulting from the doing or failure of subdivider to
do all things required tO be done pursuant to this agreement. Said pol-
icies of insurance shall cover bodily injury and property damage on
both an accident and occurrence basis, with completed operations cover-
age for one (1) year after completion and acceptance of improvements,
and shall be in amounts of not less than ONE HUL~DRED THOUSAND DOLLARS
($100,000.00) for each person, THREE HUNDRED THOUSAND DOLLARS ($300,00.00)
for each accident or occurrence, and property damage coverage of FIFTY
THOUSAND DOLLARS ($50,000.00) for each accident or occurrence. Said pol-
icies of insurance shall in addition contain the following endorsement:
"Other insurance - the coverage sfforded by this insurance shall be pri-
mary coverage to the full limits of liability stated in the declarations.
If the assured has other insurance against the loss covered by this pol-
icy, that other insurance shall be excess insurance only, after the
entire face value of this policy shall have been exhausted by payment."
5. In con~ideration of City allowing Sub~ivider to connect said
subdivision to certain existing or proposed out-of-tract storm sewer
lines, and in consideration of City relieving Subdivider of any obliga-
tion which City might legally impose on Subdivider to acquire any right
of way for, and/or to construct, any out-of-tract storm sewer drainage
pipe lines and appurtenances which might reasonably be necessary to drain
said subdivision and carry storm waters from said subdivision to natural
drains, Subdivider shall, before the release of said final map by City
and as a condition precedent to the recordation thereof, pay the City
the sum of Dollars
($ )-
6. In consideration of City agreeing to accept, in accord with
this agreement, the in-tract storm drain lines and facilities constructed
or to be constructed by subdivider within or outside of said subdivision
in accord with the plans and specifications now on file with the City
offices, including the streets and other easements in or beneath which
said facilities lie, Subdivider shall, before the release of said final
map by the City and as a condition precedent to the recordation thereof
pay to the City the sum of
-- .................... Dollars ($ ) to be deposited by City in
its Storm Drainage Fund.
7. Subdivider shall, before the release of said final map by
the City and as a condition precedent to the recordation thereof, pay
to the City the sum Of
....................... .............i,DOllars ($ ) tO be applied by City to
the payment of expenses to be incurred by City for engineering and in-
spection services to be performed by City in connection with said
subdivision.
8. Upon Subdivider completing in accord with this agreement
all of the improvements to be made and done by said Subdivider as here-
inabove set forth and as shown on the plans and specifications on file
as nereinabove referred to, and upon subdivider having properly main-
tained the same for a period of at least one year after the completion
of said improvements as hereinabove specifiea. ana upon the Subdivider
complying with all covenants and conditions on his or its part to be
done and performed in accord with the within agreement, then and in
that event, City agrees to rescind its rejection of the offers of dedi-
cation of streets, storm drain and other easements contained on the
aforesaid final map, and at that time accept all of said offers of
dedication.
9. ShOuld the subdivider and Owner hereinabove referred to not
be the same person, firm or corporation, then this agreement shall only
be effective upon both the Subdivider and the Owner separately executing
the same, and wherever the term Subdivider is used the same shall in-
clude Owner and wherever the term Owner is used, the same shall include
Subdivider.
10. This agreement shall be binding upon the heirs, personal
representatives and assigns of Subdivider and Owner, and time is of the
essence hereof, save and except that the City Council of the City of
Saratoga may, but need not, extend any time or times for the doing or
performing of any acts as required under the terms of this agreement
by resolution, if in the opinion of tl'~e City Council any such delay is
without fault on the part of the Subdivider and Owner.
IN WITNESS WHEREOF, the parties hereto have Set their hand the
day and year first above written.
CITY OF SARATOGA, a Municipal corporation
By
MAYOR ..............
ATTEST:
cxTY c~'~ ....
APPROVED AS TO FORM:
............. cxTY i~6"m,m~ ........
sy ........svsW~Xx~z~ ........
EXHIBIT
FAITHFUL. p.,E.RFO~I~CE .A~D COMPLETIOE I~iPROVE.MENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT WE, ........................ as
Principal, and ..... ,
a corporation organized and existing under the laws of the State of
, · ......... and authorized to act as Surety in the State of
California, as Surety, are held and firmly bound to CITY OF SARATOGA,
a Municipal corporation of the State of California, as Obliges, in the
sum of (
lawful money of the United States of America, to be paid to the said
City of Saratoga, for which pa~nent~ well and truly to be made, we bind
ourselves, our heirs, executors, administrators and assigns, Jointly and
severally, firmly by these presents~
THE CO~ITION OF THE ABOVE OBLIGATION is such that,
WI~REAS ~ above bounden Principal has entered into, or is
about to enter into, a , agreement with
said Obliges dated ........................... , in accord
with Section 7, Part Two, of Ordinance NS-5 of said City, copy of which
agreement is attached hereto and incafporated herein by reference, or
is on file with the offices of the clerk of said City, and
WHEREAS without limiting the foregoing, the above bounden Prin-
cipal will complete all improvements in accord with said ordinance and
the approved improvements plans and spacifications and with said agree-
ment, and thereafter maintain them for a period of not less than one (1)
year after satisfactory completion of construction, and thereafter until
all deficiencies of construction are completed to satisfaction of the
City Engineer, and
WHEREAS under the terms of said agreement the Principal is re-
quired to furnish said Obliges with a good and sufficient bond in the
above set forth sum securing the faithful performance by said Principal
Of all things agreed to be done and performed by Principal under the
aforesaid agreement, and the within bond is given pursuant thereto and
pursuant to Section 7.2 of Ordinance NS-5 of the City of Saratoga, and
subject to all Of the provisions thereof,
NOW, T~EREFORE, if the above bounden Principal shall faithfully
perform the work agreed to be performed, as ks set forth in said agree-
ment, and shall do and perform all things required to be done by said
Principal under the terms of said agreement at the time and in the manner
specified therein, then this obligation shall become null and void~ other-
wise this bond shall be and remain in full force and effect, and the
undersigned shall pay to or on behalf of the City of Saratoga all sums
and expenses expended or incurred by the City in completing and perform-
ing all of Principalas 0bligatiOns in accord with said agreenent, up to
the face amount of this bond.
WITNESS our' hands this ..... day of . . .... ~. = !~.;., 196. ,,
'PRINCIPAL SURETY